Bill in Congress - HR 1388 S 277

3-20-2009 National:

'Generations Invigorating Volunteerism and Education Act' or the `GIVE Act' or the `Serve America Act'.

Sponsor: Rep McCarthy, Carolyn [NY-4]
Introduced 3/9/2009 Bill HR 1388

Sponsor: Sen Kennedy, Edward M. [MA]
Introduced 1/16/2009) Bill S 277


The intent of these bills are: To reauthorize and reform the national service laws.

Initially it must be noted that these are NOT new bills, this reauthorizes and reforms laws that have been on the books for years. So there is no one person who has created the former sex offender exclusions in these laws.

OK, what are "National Service Laws," well I am going to try, through a great deal of summarizing, what they entail. The best way I think is to look at these laws (fish through them for more details) hopefully these are all of the NSL laws:

Title 42 CHAPTER 66—DOMESTIC VOLUNTEER SERVICES
§ 4950. Volunteerism policy

(a) Because of the long-standing importance of volunteerism throughout American history, it is the policy of the Congress to foster the tradition of volunteerism through greater involvement on the part of both young and older citizens.

(b) The purpose of this chapter is to foster and expand voluntary citizen service in communities throughout the Nation in activities designed to help the poor, the disadvantaged, the vulnerable, and the elderly. In carrying out this purpose, the Corporation for National and Community Service shall utilize to the fullest extent the programs authorized under this chapter, coordinate with other Federal, State, and local agencies and utilize the energy, innovative spirit, experience, and skills of all Americans.

SUBCHAPTER I—NATIONAL VOLUNTEER ANTIPOVERTY PROGRAMS

SUBCHAPTER II—NATIONAL SENIOR VOLUNTEER CORPS

SUBCHAPTER III—NATIONAL VOLUNTEER PROGRAMS TO ASSIST SMALL BUSINESSES AND PROMOTE VOLUNTEER SERVICE BY PERSONS WITH BUSINESS EXPERIENCE

SUBCHAPTER IV—ADMINISTRATION AND COORDINATION

SUBCHAPTER V—AUTHORIZATION OF APPROPRIATIONS

SUBCHAPTER VI—YOUTH BUILD PROJECTS

In essence Sec 190(a)(BELOW) explains it best, but it includes volunteering / working in positions for the public good, and receiving some form of remuneration which is funded by NSL laws. These positions are all over the nation, frequently in non profits, homeless shelters and thousands of other similar type businesses.


Now, the provision which creates a sex offender exclusion:

SEC. 190. CRIMINAL HISTORY CHECKS.

(a) 'In General- Entities selecting individuals to serve in a position in which the individual receives a Corporation grant-funded living allowance, stipend, education award, salary, or other remuneration in a program receiving assistance under the national service laws, shall, subject to regulations and requirements established by the Corporation, conduct criminal history checks for such individuals.

`(b) Requirements - A criminal history check shall, except in cases approved for good cause by the Corporation, include a name-based search of the National Sex Offender Registry established under the Adam Walsh Child Protection and Safety Act of 2006 (42 U.S.C. 16901 et seq.) and--

`(1) a search of the State criminal registry or repository in the State in which the program is operating and the State in which the individual resides at the time of application; or

`(2) a Federal Bureau of Investigation fingerprint check.

`(c) Eligibility Prohibition - An individual shall be ineligible to serve in a position described under subsection (a) if such individual--

`(1) refuses to consent to the criminal history check described in subsection (b);

`(2) makes a false statement in connection with such criminal history check;

`(3) is registered, or is required to be registered, on a State sex offender registry or the National Sex Offender Registry established under the Adam Walsh Child Protection and Safety Act of 2006 (42 U.S.C. 16901 et seq.); or

`(4) has been convicted of murder, as described in section 1111 of title 18, United States Code.

This exclusion fails to take into consideration the OVER BROAD reach of sex offender laws requiring registration. An example is, juvenile experimentation which results in a requirement to register. Romeo and Juliet cases, and more recently, sexting type cases, and I'm sure there are many other examples.

This lifetime RSO exclusion denies folks an opportunity to PAY BACK which is inherent in the criminal laws that prosecuted them and returned them to communities across the nation. I say "lifetime" because as currently worded neither the Adam Walsh Act (AWA) nor any State Registration law contains any verbiage that prevents extending the term of registration RETROACTIVELY as AWA did when it was enacted.

I also believe, where the place of volunteering is a recognized religion, that preventing RSOs from volunteering there violates the very principles upon which the religion is based. Bibles and other religious documents always require members to help their brothers, this exclusion infringes on that religious right. Hence, violates the U.S. Constitutional principle of Separation of Church and State.


I would OPPOSE the above exclusion in these bills because I believe that there are positions nationally which a former sex offender could perform placing no one at risk, if risk is the question. Contact lawmaker, with your views, by clicking on his/her name above, as well as your own folks in Congress.

Thanks,
eAdvocate

Note: To see all bills concerning sex offenders or their families currently in Congress simply click here. At the present time I do not review sex offender bills concerning Immigration or Appropriations, they get very involved and are time consuming.

Note: Full bill text WILL NOT be included in this blog because as time goes on bills are amended by Congressional Committees and also on the floor of either house, and it is too easy to confuse folks who may not realize that. Further, links to the bill in Congress will be provided so folks can always see the latest version of the bill.